Allowed

Rajeev Kumar @ Raju Lodha Rajput S/O Shri Moti Singh Lodha Rajput v. State of Rajasthan through Inspector General Prison

Rajasthan HC26 Nov 2018CRLW/1014/2018

Case brief

AI extract

What is this about?

Writ petition filed by a petitioner confined for over 8 years seeking first parole under Rule 9 of 1958 rescued from denial by the Superintendent based on police report and apprehension.

What did the court decide?

First parole granted for 20 days contingent upon personal bond of Rs.50,000/with one local surety and surrender upon expiry.

Rajeev Kumar @ Raju Lodha Rajput S/O Shri… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ No. 1014/2018

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Rajeev Kumar @ Raju Lodha Rajput S/o Shri Moti Singh Lodha Rajput, R/o Amapur, Police Station Amapur, District Kashinagar (U.P.)

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(At Present confined in Central Jail Bikaner) Through his fatherMoti Singh S/o Shri Dhoori Singh, B/c Rajput, Aged About 64 Years, R/o Rajendra Nagar, Amapur, Police Station Amapur, District Kasganj (U.P.)

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----Petitioner

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Versus

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State Of Rajasthan through Inspector General, Prison, Jaipur.

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The Dist. Parole Advisory Committee through the Dist. Magistrate, Bikaner.

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The Superintendent, Central Jail, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. B.N. Sandu, AAG

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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26/11/2018

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This writ petition has been filed to seek first parole under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short “the Rules of 1958” ).

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The petitioner submitted an application for grant of parole. It is stated that petitioner has already served one fourth of sentence thus entitled to get first parole under the Rules of 1958. He is willing to furnish even local surety. The parole has been

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(2 of 3)

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[CRLW-1014/2018]

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recommended by the Superintendent, Jail and even Social Welfare Officer but denied on the basis of police report. It is based on apprehension, thus prayer is made to grant parole.

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Learned Additional Advocate General has opposed the parole mainly on the ground that petitioner belongs to Uttar Pradesh and there would be apprehension of not obeying the condition of this Court on grant of parole.

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We have considered rival submissions of the parties and perused the record.

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Petitioner is behind bars for more than 8 years. He is thus entitled to seek first parole. It has been denied due to the adverse police report but we do not find any substance therein. Parole may not be denied based on apprehension only. It is more so when no basis therefore has been disclosed.

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In view of the above, we accept the prayer made in the writ petition for granting first parole for twenty days. Accordingly, the writ petition is allowed.

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Accordingly, we allow this writ petition and direct the Superintendent, Central Jail, Bikaner to release the petitioner namely, Rajeev Kumar @ Raju Lodha Rajput S/o Shri Moti Singh Lodha Rajput, on first parole for a period of 20 days, which shall commence from the date of his release, upon furnishing his personal bond of Rs.50,000/- with one local surety in the like amount to the satisfaction of the Superintendent, Central Jail, Bikaner with the stipulation that he shall surrender himself and return back to the Central Jail, Bikaner. He shall maintain peace and tranquillity during the period of parole which will include journey period also. In case, he fails to surrender on the

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(3 of 3)

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[CRLW-1014/2018]

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stipulated day, the jail authority shall proceed in accordance with law.

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(BANWARI LAL SHARMA),J

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(M.N.BHANDARI),J

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S. Kumawat/23

Rajeev Kumar @ Raju Lodha Rajput S/O Shri Moti Singh Lodha Rajput v. State of Rajasthan through Inspector General Prison

Case brief

What is this about?

What did the court decide?

Rajeev Kumar @ Raju Lodha Rajput S/O Shri Moti Singh Lodha Rajput v. State of Rajasthan through Inspector General Prison

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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